BILL NUMBER: AB 25	CHAPTERED  09/30/00

	CHAPTER   1022
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 30, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   JULY 5, 2000
	AMENDED IN SENATE   MAY 16, 2000
	AMENDED IN SENATE   APRIL 27, 2000
	AMENDED IN SENATE   MARCH 6, 2000
	AMENDED IN SENATE   JULY 7, 1999
	AMENDED IN ASSEMBLY   APRIL 27, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999

INTRODUCED BY   Assembly Member Mazzoni
   (Principal coauthor:  Senator Schiff)
   (Coauthors:  Assembly Members Alquist, Firebaugh, Strom-Martin,
Washington, and Wiggins)

                        DECEMBER 7, 1998

   An act to add and repeal Article 1.5 (commencing with Section
48005.10) of Chapter 1 of Part 27 of the Education Code, relating to
public school enrollment, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 25, Mazzoni.  Pupils:  age of admission.
   Existing law requires that a child be admitted to a kindergarten
at the beginning of a school year, or at any time later in the same
year, if the child will have his or her 5th birthday on or before
December 2 of that school year.  Existing law requires that a child
be admitted to the 1st grade of an elementary school during the first
month of a school year if the child will have his or her 6th
birthday on or before December 2 of that school year.
   This bill would establish a voluntary Kindergarten Readiness Pilot
Program that would, commencing with the 2001-02 school year, require
participating school districts to, with certain exceptions, offer
kindergarten enrollment only to children who will have their 5th
birthday on or before September 1 of that year, and to offer 1st
grade enrollment only to children who will have their 6th grade
enrollment on or before September 1 of that school year.
   This bill would require the Superintendent of Public Instruction
to provide funding to compensate school districts for the costs of
the kindergarten readiness program and services, and to compensate
school districts for any loss of revenue due to the reduced
enrollment related to participation in the program.
   The bill would require the State Allocation Board to adopt
regulations to ensure that participating school districts are not
adversely affected with regard to access to state funding for school
facilities due to loss of enrollment based upon participation in this
program.
   This bill would exempt kindergarten readiness programs from
prescribed provisions of law relating to school finance, child care
and development programs, and seismic safety.  The bill would
authorize the State Board of Education to adopt regulations for
administration of these provisions, and would require the
Superintendent of Public Instruction, by June 1, 2002, to contract
for an independent evaluation of the program.  The bill would require
the independent evaluator to report to the Legislature, the
Governor, the Superintendent of Public Instruction, the State Board
of Education, and the Secretary for Education.  The bill would
require the initial report to be filed by June 1, 2005, the interim
report to be filed by January 1, 2007, and the final report to be
filed by January 1, 2008.
   This bill would appropriate $100,000 to the Superintendent of
Public Instruction for a statewide public information campaign to
notify school districts and parents of the availability and goals of
the program.
   The funds appropriated by this bill would be applied toward the
minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution.
   This bill would become inoperative on June 1, 2010, and, on
January 1, 2011, would be repealed.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Article 1.5 (commencing with Section 48005.10) is added
to Chapter 1 of Part 27 of the Education Code, to read:

      Article 1.5.  Kindergarten Readiness Pilot Program

   48005.10.  (a) This article shall be known, and may be cited, as
the Kindergarten Readiness Pilot Program.
   (b) The Legislature hereby finds and declares the following:
   (1) The available data indicate all of the following:
   (A) By changing the age at which children generally enter
kindergarten, California's children will be better prepared to enter
into the academic environment that is required by the California
content standards for kindergarten.
   (B) Success in school is often related to socioeconomic status,
English language fluency at school entry, and access to preschool.
By providing a kindergarten readiness program for the children most
at risk for low performance and delaying entry to allow all children
time to become more developmentally ready to learn, pupils are more
likely to succeed in school.
   (C) Comparisons between California pupils and pupils in other
states on national achievement tests in the later grades are likely
to be more equitable if the entry age of California pupils is more
closely aligned to that of most other states.
   (D) Children who have attended an educationally based kindergarten
readiness program, including, but not limited to, a quality state
preschool, Head Start, or kindergarten readiness program, are better
prepared academically and socially for the existing kindergarten
curriculum, as reflected by the state adopted standards.
   (2) The purpose of the pilot project established pursuant to this
article is intended to test these data.
   (3) For participating school districts, the change in enrollment
required pursuant to this article will result in a decrease in the
number of pupils enrolled in kindergarten classes for the class
entering kindergarten in the 2001-02 school year.  The decreased
enrollment will affect the class size in each subsequent grade level
over the 13-year period that it would normally take the class to
complete its elementary and high school education.  Thus, it is
estimated that in participating school districts there will be a 25
percent decrease in the enrollment of the kindergarten class in the
initial year of implementation that will affect the subsequent grade
levels of the high school graduating class of the 2013-14 school
year.
   (4) The decrease in enrollment permitted pursuant to this article
will necessarily decrease the number of units of average daily
attendance that a participating school district may claim for the
purpose of computing the amount of state revenue limit aid that a
school district may receive, thereby reducing the amount of state aid
that school districts receive for revenue limit purposes.  Due to
the definition of "changes in enrollment" in Section 14022.7, that
decrease will also affect the computation of the state's minimum
funding obligation to school districts and community college
districts under paragraphs (2) and (3) of Section 8 of Article XVI of
the California Constitution, which requires adjustments to be made
to that computation for changes in enrollment.
   (5) The school district revenue related provisions of this
article, including, but not limited to, funding provided pursuant to
subdivisions (a) and (b) of Section 48005.30, future funding
described in subdivision (c) of Section 48005.30, and adjustments to
average daily attendance calculations as set forth in Section
48005.40, are intended to fully compensate participating school
districts for this resultant funding reduction.
   48005.13.  (a) The Superintendent of Public Instruction shall
establish and administer the Kindergarten Readiness Pilot Program to
permit school districts to provide opportunities for children to
enhance their readiness for kindergarten, thereby increasing their
likelihood for future academic success.
   (b) The Superintendent of Public Instruction shall convene an
advisory panel to assist the department in developing its request for
proposals, and in evaluating and selecting the proposals submitted
to the department.  The advisory panel shall include, but need not be
limited to, a representative of each of the following:
   (1) The Department of Finance.
   (2) The Legislature.
   (3) The California Research Bureau.
   (4) The Legislative Analyst.
   (5) The State Board of Education.
   (6) The Secretary for Education.
   (c) By February 1, 2001, the superintendent shall notify
elementary and unified school districts maintaining kindergarten
about the existence of this program, shall notify them about the
procedures for participation, and shall request proposals for
participation.
   (d) Participation in the program by a school district shall be
voluntary.
   (e) A school district that elects to participate in the program
shall apply to the Superintendent of Public Instruction by May 1,
2001, upon forms adopted by the superintendent for this purpose.
   (f) The Superintendent of Public Instruction, with the advice of
the advisory panel, and in consultation with the Secretary for
Education, shall select participants from the group of applicants.
The Superintendent of Public Instruction shall give priority to
applicant school districts that are representative of the diversity
of pupils and of the various types of school districts within the
state.  Priority shall, also, be given to unified school districts.
   48005.15.  By July 1, 2001, each participant school district shall
enter into an agreement with the Superintendent of Public
Instruction setting forth the requirements under the program,
including, but not limited to, all of the following:
   (a) The participating school district shall make reasonable
efforts to identify parents and guardians of children from three to
five years of age who reside within the school district and to
provide the parents and guardians with information regarding, and
access to, services, programs, or methods, to assist them in
assessing the level of readiness of a child to enter school.
   (b) The effort set forth in paragraph (1) shall include, but need
not be limited to, information regarding available care services,
preschool programs, and educationally based kindergarten readiness
programs.  The school district may coordinate this effort with local
parent-teacher organizations.
   (c) "Reasonable effort" as used in this subdivision does not
require that the school district individually contact every potential
parent who resides within the school district.
   (d) The school district shall provide assistance to parents or
guardians who request assistance regarding activities that parents
may initiate in preparing children for school.
   (e) At a minimum, participating school districts shall supply
parents or guardians with written readiness guidelines developed by
the State Department of Education.
   (f) Assistance provided pursuant to this section shall be based on
generally accepted child development theory and may include
information related to social and development readiness and
professional consultations with teachers and school administrators.
   (g) The participating school district shall make reasonable
efforts to collect data and make it available to the independent
evaluator, as specified in Section 48005.45.
   48005.20.  (a) Participating school districts shall offer
enrollment in a kindergarten readiness program to eligible children
in order to receive funding pursuant to this article.  Participation
by parents and children in a kindergarten readiness program shall be
voluntary.
   (b) The school district shall offer a kindergarten readiness
program to any eligible child who preenrolls in kindergarten, and may
offer it to eligible children who do not preenroll.
   (c) For purposes of this article, an eligible child is any child
in the school district who will become eligible to enter kindergarten
in the following year pursuant to Section 48005.25.
   (d) Priority for enrollment in a kindergarten readiness program
shall be provided to any child who has not previously attended a
public or private preschool program.
   (e) The kindergarten readiness program offered by a school
district pursuant to this section shall consist solely of components
designed to enhance the skills that are necessary for success in
later education and shall include, but need not be limited to, all of
the following:
   (1) At least 110 hours of kindergarten readiness activities and
instruction.
   (2) Programs that assist pupils in developing the motor and
cognitive skills, including, but not limited to language development,
required to be successful in kindergarten.
   (3) Activities that socialize pupils to the discipline of the
school environment.
   45005.25.  (a) Notwithstanding any provision of law to the
contrary, including, but not limited to, Section 48000, for the
2001-02 school year, and each school year thereafter in which a
school district continues to participate in the program, the school
district shall offer admission to kindergarten at the beginning of
the school year, or at a later time in the same school year, only to
children who will have their fifth birthday on or before September 1
of that school year.
   (b) Notwithstanding any provision of law to the contrary,
including, but not limited to, Section 48010, for the 2001-02 school
year, and each school year thereafter in which a school district
continues to participate in the program, a school district shall
offer admission to first grade at the beginning of the school year,
or at a later time in the same school year, only to children who will
have their sixth birthday on or before September 1 of that school
year.  Kindergarten shall not be a prerequisite for enrollment in
first grade pursuant to this article.
   (c) Notwithstanding subdivisions (a) and (b), the governing board
of each school district participating in this program shall adopt a
policy to allow, for good cause, admission of a child to kindergarten
or to the first grade at the beginning of a school year in which the
child's birthday will be after September 1, or at a later time in
the same school year.
   45005.30.  (a) For the 2001-02 school year the Superintendent of
Public Instruction shall allocate a grant of funds for a
participating school district as follows:
   (1) A grant provided for each year of participation to cover the
costs of developing and operating the school district kindergarten
readiness program, including, but not limited to, the costs of
administration and the costs associated with services provided to
parents and children in the program.  For any participating school
district, annual funding pursuant to this paragraph shall not exceed
the per-pupil amounts set forth in subparagraphs (A) or (B)
multiplied by a number equal to 50 percent of the entire annual
kindergarten enrollment of the school district:
   (A) Five hundred dollars ($500) for every child participating in
the kindergarten readiness program for 110 hours.
   (B) Seven hundred fifty dollars ($750) for every child
participating in the kindergarten readiness program for 150 or more
hours.
   (2) Funding necessary to fully mitigate the financial impact upon
the school district of the reduced attendance that results from the
program, to be determined as follows:
   (A) Multiply one-fourth of the kindergarten average daily
attendance for the 2000-01 school year by the school district's base
revenue limit per unit of average daily attendance.
   (B) From the 2000-01 school year funded average daily attendance
subtract the 2001-02 school year funded average daily attendance for
the participating school district's base revenue limit.  If the
difference is zero or less, the result of this calculation shall be
zero.  If the difference is greater than zero, multiply the
difference by the district's base revenue limit per unit of average
daily attendance.
   (C) From the product of subparagraph (A) subtract the result of
subparagraph (B).  If the result of subparagraph (B) is greater than
the product of subparagraph (A), then this calculation shall be zero.

   (b) For the 2002-03 school year, and each school year thereafter
in which the school district participates in the program up to and
including the 2007-08 school year, the Superintendent of Public
Instruction shall allocate a grant of funds for a participating
school district as follows:
   (1) A grant provided for each year of participation to cover the
costs of developing and operating the school district kindergarten
readiness program, including, but not limited to, the costs of
administration and the costs associated with services provided to
parents and children in the program.  For any participating school
district, annual funding pursuant to this paragraph shall not exceed
the per-pupil amounts set forth in subparagraph (A) or (B) multiplied
by a number equal to 50 percent of the entire annual kindergarten
enrollment of the school district:
   (A) Five hundred dollars ($500) for every child participating in
the kindergarten readiness program for 110 hours.
   (B) Seven hundred fifty dollars ($750) for every child
participating in the kindergarten readiness program for 150 or more
hours.
   (2) Funding necessary to fully mitigate the financial impact upon
the school district of the reduced attendance that results from the
program to be calculated by multiplying one-fourth of the
kindergarten average daily attendance for the 2000-01 school year, by
the school district's base revenue limit per unit of average daily
attendance, adjusted annually for cost of living as provided
generally for school district base revenue limits.
   (c) In addition to providing funding for costs associated with
current annual operation of the program as set forth in subdivisions
(a) and (b), it is the intent of the Legislature to establish a
mechanism to provide sufficient funding in future years to ensure
that participant school districts are annually provided funding to
fully mitigate any ongoing financial consequences from reduced
enrollment due to participation in the program for every school year
up to and including the 2013-14 school year.
   (d) (1) Total annual funding for mitigation of lost revenues due
to reduced enrollment provided pursuant to this article shall be
subject to a statewide annual maximum funding level equal to the
equivalent of 2,300 full annual units of average daily attendance.
   (2) It is the intent of the Legislature that the annual funding
mechanism to be provided for subsequent school years as described in
subdivision (c) be subject to a similar maximum statewide level of
funding as set forth in paragraph (1).
   48005.33.  The State Allocation Board shall adopt regulations to
ensure that school districts are not adversely affected with regard
to access to state funding for school facilities pursuant to the
Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5
(commencing with Section 17070.10) of Part 10) due to loss of
enrollment based upon participation in this program.
   48005.35.  (a) A school district kindergarten readiness program
operated pursuant to this article is exempt from Chapter 14
(commencing with Section 15000) and Chapter 19 (commencing with
Section 17906) of Division 1 of Title 5 of the California Code of
Regulations if the program meets kindergarten staffing and safety
requirements.
   (b) Notwithstanding any other provision of law to the contrary,
including, but not limited to, subdivision (a) of Section 17285, a
commercial building that does not meet the requirements of Section
17820, that is leased to a school district may, until January 1,
2003, be used as a classroom in order to accommodate programs under
this article if the governing board of the school district finds that
conditions of subdivision (b) of Section 17285 have been met.
   (c) Any teacher participating in the kindergarten readiness
program shall be a holder of a permit or credential issued by the
Commission on Teacher Credentialing that authorizes instruction in
kindergarten or child care and development.
   48005.40.  (a) Notwithstanding any other provision of law, in
calculating "changes in enrollment" for purposes of paragraph (2) or
(3) of subdivision (b) of Section 8 of Article XVI of the California
Constitution, average daily attendance for participating school
districts so that for the computation of the change between the
2000-01 and 2001-02 fiscal years, the 2001-02 average daily
attendance shall be calculated with each unit of participating
kindergarten attendance counting as one and one-third of one unit of
average daily attendance.
   (b) The Legislature finds and declares that subdivision (a) of
this section is consistent with subdivision (f) of Section 8 of
Article XVI of the California Constitution and is required by
subdivision (d) of Section 41204, in order to neutralize the effect
of the impact that the change of the age that a participating pupil
may enter kindergarten pursuant to this article will have on the
average daily attendance used for the purpose of calculating changes
in enrollment pursuant to paragraphs (2) and (3) of subdivision (b)
of Section 8 of Article XVI of the California Constitution.
   48005.45.  (a) The Superintendent of Public Instruction shall, by
June 1, 2002, contract for an independent longitudinal evaluation
regarding the effects of the change in the entry age for kindergarten
and first grade pursuant to this article.  In selecting the
independent evaluator, awarding the contract pursuant to this
section, and in monitoring performance under the contract, the
Superintendent of Public Instruction shall consult with the advisory
panel convened pursuant to subdivision (b) of Section 48005.13.
   (b) The evaluation shall be based upon samples of sufficient size
and diversity to allow results to be reported separately for pupils
of different ethnicity, socioeconomic status, and primary language,
and results of the evaluation shall be so reported.
   (c) The primary purpose of the evaluation is to determine whether
this entry age change results in improved readiness for school and an
improvement in academic achievement among participating children.
   (d) The evaluation shall use representative sampling to identify
the change's effects on all of the following:
   (1) Academic achievement, as measured by standardized tests, as
compared with pupils not participating in the program.
   (2) Behavioral problems, as measured by objective data including,
but not limited to, suspension and expulsion rates, as compared with
pupils not participating in the program.
   (3) Academic problems, as measured by referrals to special
education and remedial programs, as compared with pupils not
participating in the program.
   (4) Age of kindergarten entry and previous educationally based
preschool experience, including, but not limited to, access to child
care and preschool by parents or guardians.
   (5) Overall retention rates in kindergarten and in subsequent
grades.
   (6) Participation in remedial, supplemental, or summer school
programs.
   (7) Class size.
   (8) Number of pupils participating in kindergarten.
   (9) Number of pupils participating in the kindergarten readiness
programs.
   (10) Differences, if any, between programs with full preschool
participation, and those with partial or no preschool.
   (11) Childcare difficulties caused by the admission age change.
   (12) Demographic breakdown of participants and nonparticipants,
including, but not limited to, socioeconomic and ethnic demographics.

   (13) Facilities difficulties, if any, encountered by participating
school districts.
   (14) The ability of parents to gain access to the program,
disaggregated by ethnic, primary language, and socioeconomic status.

   (e) It is the intent of the Legislature that funding for this
evaluation be included in the Budget Act or a bill related to the
Budget Act.  It is the intent of the Legislature to subsequently
increase the number of hours funded for the kindergarten readiness
program if the reports pursuant to this section indicate that the
increase would be beneficial.
   (f) (1) The independent evaluator shall report to the Legislature,
the Governor, the Superintendent of Public Instruction, the State
Board of Education, and the Secretary for Education.
   (2) The initial report shall be filed by June 1, 2005.  The
interim report shall be filed by January 1, 2007.  The final report
shall be filed by January 1, 2008.
   48005.50.  (a) The sum of one hundred thousand dollars ($100,000)
is hereby appropriated from the General Fund to the Office of the
Superintendent of Public Instruction for a statewide public
information campaign to notify school districts and parents of the
availability and goals of the Kindergarten Readiness Pilot Program.
   (b) The State Board of Education may adopt regulations related to
the administration of the article and the distribution of funding for
purposes of this article.  The regulations shall preserve the
flexibility of school districts to design and operate kindergarten
readiness programs within the parameters established by this article.

   48005.55.  This article shall become inoperative on June 1, 2010,
and, as of January 1, 2011, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2011, deletes
or extends the dates on which it becomes inoperative and is
repealed.
